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Books > Law > Jurisprudence & general issues > Foundations of law > Roman law / Civil law
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Localized Law - The Babatha and Salome Komaise Archives (Hardcover)
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Localized Law - The Babatha and Salome Komaise Archives (Hardcover)
Series: Oxford Studies in Roman Society & Law
Expected to ship within 12 - 17 working days
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In the early second century CE, two Jewish women, Babatha and
Salome Komaise, lived in the village of Maoza on the southern coast
of the Dead Sea. This was first part of the Nabataean Kingdom, but
came under direct Roman rule in 106 CE as part of the province of
Roman Arabia. The archives these two women left behind not only
provide a tantalizing glimpse into their legal lives and those of
their families, but also offer a vivid window onto the ways in
which the inhabitants of this region interacted with their new
rulers and how this affected the practice of law in this part of
the Roman Empire. The papers in these archives are remarkable in
their legal diversity, detailing Babatha and Salome Komaise's
property and marriages, as well as their disputes. Nabataean,
Roman, Greek, and Jewish legal elements are all in evidence, and
are often combined within a single papyrus. As such, identifying
the supposed 'operative law' of the documents has proven a highly
contentious task: scholarly advocates of each of these traditions
have failed to reach any true consensus and there remains division
particularly between those who argue for a 'Roman' versus a
'Jewish' framework. Taking its lead from recent advances in the
scholarship of Roman law, this volume proposes a change in focus:
instead of attempting to identify the 'legal system' behind the
documents, it seeks instead to understand the 'legal culture' of
the community that produced them. Through a series of case studies
of the people involved in the creation of the papyri - the scribes,
legal advisors, local arbitrators, Roman judges, and the litigants
themselves - we can build up a picture of the ways in which they
variously perceived and approached the legal transactions, and thus
of legal practice itself as being heavily influenced by the
particular agents involved. This study therefore moves away from a
systematic approach towards an historical study of ideas,
attitudes, and perceptions of law, arguing that concentration on
different agents' understandings will ultimately help scholars to
better understand the actual functioning of law and justice in this
particular localized legal culture and in other similar small
communities in the Roman Empire.
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